This all dates from 12 years ago. As my FAC Conditions were affected I remember much of the debate about the use of .22 centrefires in E&W.
Part of the reason why Muntjac/CWD were included in the quarry list but Roe Deer excluded was the use of delegated legislation to do it.
The changes to ‘permitted calibres’ were enacted as an amendment to Section 4.2(a) of the Deer Act 1991 by a fast-track SI entitled the Regulatory Reform (Deer) (England and Wales) Order 2007. A lot of other reforms were introduced by this RRO within a single package, rather than a series of piecemeal amendments under various Deer Acts by the D of Ag.
http://www.legislation.gov.uk/uksi/2007/2183/article/3/made
All RRO’s are subject to scrutiny by a parliamentary Select Committee, and the proposals from each government department assessed against a series of standard tests. The SC members are generalists who evaluate RRO’s put forward by any government department on any subject. From way back this is the SC 4th Report with the relevant bit below ….
https://publications.parliament.uk/pa/cm200607/cmselect/cmdereg/411/41102.htm
PERMIT THE USE OF .22 CENTRE FIRE RIFLES WITH MUZZLE ENERGY OF AT LEAST 1,356 JOULES AND SPECIFIED AMMUNITION FOR KILLING CHINESE WATER DEER, MUNTJAC DEER OR ROE DEER (PROPOSAL A, ARTICLE 3(4))
48. Since the time the relevant provisions of the 1991 Act have been in force, smaller species of deer have become well-established in England and Wales. The Department considers that evidence is available to show that a firearm smaller than that currently permitted is effective for killing these smaller species. In particular, the Explanatory Statement argues that the law in Scotland permits roe deer to be killed with the proposed smaller weaponry with no evidence of cruelty or ineffectiveness and both Chinese water deer and muntjac deer are smaller than roe deer and should therefore also be effectively killed by such means.
49. We took note of the expert opinion supplied on this question during the consultation on the proposals. The Department recorded that the Deer Commission for Scotland has no concern with the use of the suggested calibre of gun in Scotland for killing deer of the kinds at issue. However, Natural England were not prepared to provide a view on the safety of the proposal in respect of roe deer due to lack of available evidence, although they were content with the proposal in respect of the other two species. Furthermore, the RSPCA was concerned about the proposal in respect of roe deer because of a lack of evidence that animal welfare would not be compromised and "believed that it is still open to question as to whether the necessary protection for roe deer will be maintained". We asked the Department specifically to comment on the views of Natural England and the RSPCA.
50. In response the Department referred to the long practice of shooting smaller species of deer, including roe deer as the largest of these smaller species in Scotland, with the calibre of guns which are the subject of the proposal.[
15] Scottish Natural Heritage and the SSPCA were said to have made no formal representations to the Deer Commission for Scotland about the practice.
51. The Department noted, correctly, that neither Natural England or the RSPCA expressed their concern in the form of an objection to this element of the proposal. Both these key bodies had been unable to say, on the basis of the evidence, that animal welfare would not be prejudiced. The majority of opinion as tested in the consultation was in favour of the proposal. However, the foundation of the Department's reason for proceeding with the proposal despite the concern expressed by the RSPCA and Natural England was stated to be "the long standing situation in Scotland with respect to roe deer".[
16]
52. We consider this to be a difficult issue, although it constitutes a relatively minor part of the proposal. We note carefully that the effect of the proposal would be to align the law in England and Wales with the law in Scotland and we understand that there would be merits in this. Conversely, we must also note that evidence has not been presented to demonstrate conclusively and to the satisfaction of informed opinion that shooting of roe deer as proposed would not constitute a risk to animal welfare. The test we are required to measure the proposal against is whether a necessary protection would be lost. Sources of expert opinion canvassed during the consultation were unwilling to say that necessary protection would not be lost in respect of the shooting of roe deer, although there was not the same level of concern about Chinese water deer and muntjac deer.[
17] In the absence of clear evidence about roe deer we do not feel able to offer the House the certainty on this issue which Natural England and the RSPCA have felt themselves unable to give in their comments on the matter.
53.
We recommend that the reference to roe deer be excluded from article 3(4) of the proposed Order before it is laid in draft before the House.
My previous FAC’s, for which scottish land evidence was required, show a separate Condition permitting use of my .222 “for Roe Deer as prescribed under the Deer (Firearms etc.)(Scotland) Order 1985”. This has been superseded by AOLQ now.
I used my .222 in the borders for 3 years, and it accounted for about 20 roe. It’s a Heym SR40 Lefthand which I love. One day a doe hit squarely bounded off into the cover of dense Sitka & got away, so .243 has been my minimum for Scotland since.